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PELAKSANAAN TANGGUNG JAWAB PELAKU USAHA PERHOTELAN TERHADAP BARANG MILIK TAMU HOTEL DI MAKASSAR (STUDI KASUS WHIZ PRIME SUDIRMAN): IMPLEMENTATION OF RESPONSIBILITIES OF HOTEL BUSINESSES FOR HOTEL GUEST GOODS IN MAKASSAR (CASE STUDY WHIZ PRIME SUDIRMAN) Laydida, Evelyn Meilinda; Hamid, Abd. Haris; Kamsilaniah
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

The purpose of this study is to determine the implementation of the responsibilities of hoteliers in the Whiz Prime Hotel Sudirman Makassar and to know the terms of service for the safety of guest goods while staying at the hotel. The research was conducted at Whiz Prime Hotel Sudirman which is located in Makassar, with the field throught the process of the interviews or direct conversations the Hotel Manager and guest whi stay overnight, and also the library research method. This method is efforts to obtain secondary trought reading materials in the form of scientific writings laws and regulation theories of expert throught various media. The results of this study indicate that the provision of service to guests is in accordance with the standard operating procedures (SOP) that have been set by the company, but in this case the company or hoteliers are inconsistent in carrying out the rules that have been set so that guest items are lost which causes the guest felt insecure and at a disadvantage by the incident so that the guest did not get his rights as a consumer based on Article 4 of Law no. 8 of 1999 concerning consumer rights. In this case, the business actor is already responsible for compensation to the guests based on Article 19 of Law no. 8 of 1999 concerning the responsibilities of business actors, but the business actor explains and resolves the problem to guests who feel disadvantaged by not providing an accurate explanation. In handling it, the hoteliers have carried out their responsibilities in the process of compensating guests who suffered losses for the loss of items in the form of gold and watches. The responsibility of hotel entrepreneurs for the loss of property belonging to room tenants is the responsibility of Whiz Prime Hotel Sudirman applies in accordance with Article 1545 of the Civil Code and Article 19 paragraphs (1), (2), (3) and paragraph (4) of UUPK, but in its implementation Whiz Prime Hotel Sudirman provides compensation to consumers who suffer losses, this is done to maintain the trust of hotel guests even though the compensation given does not always match the amount of loss suffered by hotel guests. Responsibility for damage and loss of items experienced by hotel guests, is not solely the responsibility of the hotel, if the damage or loss experienced by the guest is due to negligence on the part of the hotel, then it is the responsibility of the hotel, and vice versa. If damage and loss is experienced due to negligence on the part of the guest, it is not the responsibility of the hotel but the guest himself. If the damage or loss is due to negligence of the hotel, the hotel will immediately take compensation measures, namely in the form of money in accordance with the provisions that the hotel and guests feel are disadvantaged.
ANALISIS SOSIO YURIDIS PEMBINAAN DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SUNGGUMINASA GOWA: JURIDICAL SOCIO ANALYSIS OF DEVELOPMENT IN CLASS IIA WOMEN'S CORRECTION INSTITUTION SUNGGUMINASA GOWA Masykur, Fadhilah Azhilah; Madiong, Baso; Kamsilaniah
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

This research aims to know more about how the implementation of the construction in the LPP class IIA is a part of the Gowa and to know the obstacles that become the obstacle of coaching that is done by LPP class IIA although Gowa. The method of use is the type of socio juridical. The method of socio juridical research is to use field data or commonly called empirical data. According to the scholars of the empirical research experts he thinks it is not a real legal research but rather this social research, because sixty percent of data needed is field input instead of normatife data and or the library Do normative law, but empirical research will not be able to be expressed purely overall social research, because the contents therein there are several discussions that have been contained between the facts in the community and the rules of Referu and the theory of The law that is written. As well as the kinds and info data authors use in this data namely secondary and Premier. The results of this research show that the target in LPP class II A have been optimal through the formation of pricy, among others education and teaching, sports, art activities, as well as spiritual activities and self-reliance coaching which include Skills such as manufacturing bosara, knitted, sewing, making tissue place as well as vases and as for the obstacles that become natural inhibitory in the LPP class IIA despite the lack of other facilities and infrastructures in the prison and Constraints of lack of outside construction, still requiring cooperation or MOU from outside parties to assist the construction of the target residents.
PENYELESAIAN PEMBIAYAAN BERMASALAH DENGAN JAMINAN FIDUSIA PADA BANK PEMBIAYAAN RAKYAT SYARIAH DANA MONETER: COMPLETION OF PROBLEM FINANCING WITH FIDUSIAN GUARANTEE IN BPRS Isnaad, Ainun Putri; Kamsilaniah; Jafar, Juliati
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.513 KB) | DOI: 10.56326/clavia.v19i1.630

Abstract

The purpose of establishing a Sharia Bank is to mediate between the owner of the fund and the client who needs to obtain funds through agreements and agreed refunds. Through this role, Islamic Banks are recognized to have made many contributions.to.the.country's.economic.and.social.development. But in reality, not all customers have succeeded in returning Islamic Bank funds according to the agreement. There may be a number of problems with financing, which can threaten bank liquidity. This article is intended to explain the problem of Islamic banks and financing methods to solve them.
ANALISIS HUKUM PENERBITAN KONOSEMEN DALAM PENGANGKUTAN BARANG MELALUI MODA ANGKUTAN LAUT: LEGAL ANALYSIS OF CONSUMER ISSUANCE IN TRANSPORTATION OF GOODS THROUGH SEA TRANSPORTATION MODE Agus, Sri Wahyuni; Kamsilaniah; Tira, Andi
Clavia Vol. 19 No. 2 (2021): Clavia : Journal of Law , Agustus 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.019 KB) | DOI: 10.56326/clavia.v19i2.1122

Abstract

This thesis aims to determine the process of issuing the bill of lading at PT. Samudra Indonesiaand the legal consequences in the process of issuing bill of lading through sea transportation.Themethod used in writing this final report is a normative-empirical method, the data used isprimary data, namely data obtained by direct interviews with PT. Samudra Indonesia Makassarbranch and secondary data obtained from literature/books, documents and laws andregulations.The results of this study indicate the publishing process Bill of Lading(consignment). In the implementation of issuing the Bill of Lading, the Shipper places an orderfor the ship (booking space), makes Shipping Instructions (SI), Shipping Instructions are thensent to the Shipping Company to do a Stuffing Report, after doing a Stuffing Report publishingDraft Bill of Lading, Shipping Line and Shipper represented by PT. Samudra Indonesia'scorrection has been completed and it is correct that the Bill of Lading has been issued. The legalconsequences in the issuance of this bill of lading are the birth of rights and obligations on theagreed agreement, namely,the carrier binds to carry out the safe transportation of goods orpeople from a certain destination, while the sender binds himself to pay the cost of transportationand the expeditor is an intermediary who is willing to serve the transportation of goods and isresponsible for ordering transport, as for the consequence of not carrying out the obligation tocause a default, namely the party the defaulter compensates for the loss to the aggrieved party.
ANALISIS HUKUM TERHADAP PELAKSANAAN TANGGUNG JAWAB NAHKODA TERHADAP KESELAMATAN PENUMPANG: LEGAL ANALYSIS OF THE IMPLEMENTATION OF THE SKILDER'S RESPONSIBILITY FOR PASSENGER SAFETY Tamzilal Padhamara, Jesica Khofifah; Kamsilaniah; Juliati
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1274

Abstract

This research was conducted aiming to find out the steps taken by the captain in meeting passenger safety standards and how the form of responsibility given by PT. Pelni in providing services that meet passenger eligibility standards. The research was conducted at the PT. Pelni Makassar Branch office and the research method used was an empirical normative research type that combines the implementation of the Act in its application in people's lives through interviews and documentation. The results showed: 1) the steps taken by the captain in meeting safety standards for passengers where the captain as the highest leader on the ship who was responsible for the comfort, safety and security for passengers was carried out together with the harbormaster by supervising the ship and checking the ship's documents before do the voyage so as not to experience excess passenger capacity. 2) The form of responsibility carried out by the PT. Pelni Makassar Branch Office as a party to the implementation of sea transportation makes it the responsibility of the carrier for the safety and security as well as the feasibility of the passengers and/or goods being transported by ensuring that all facilities on board the ship are in accordance with the provisions laid down. applies then arranges for ship passengers to board the correct ship and passengers enter the ship regularly and assist passengers who have difficulty boarding the ship after all passengers have boarded the ship the number of passenger tickets is confirmed by the port inspector using turnstile meters or computer systems. Theanumber of passengers mustabe submitted to the Master when theaship is en route.
TINJAUAN HUKUM KEDUDUKAN AKTA HIBAH WASIAT YANG MELAMPAUI BAGIAN MUTLAK AHLI WARIS LEGITIMARIS: LEGAL REVIEW OF THE POSITION OF THE WISDOM OF WISDOM THAT EXCEEDS THE ABSOLUTE SECTION OF LEGITIMARY HERITAGES Imam, Imam; Kamsilaniah; Tira, Andi
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to determine and analyze the position of the will of the heirs to the absolute part of the heirs. The research method used is qualitative legal research. The types and sources of data consist of primary data in the form of laws and regulations, and Court Decisions as well as secondary legal materials consisting of books, articles and journals related to this research. The entire legal material is collected in a structured systematic manner using qualitative measures and presented in a descriptive analysis. The results of the study indicate that a will or testamental grant that violates the "legitieme portie" is considered "null and void" by itself andais considered to have noibinding force fromithe start. However, inipractice, a testament deed / will grant isivalid even if it containsia violation of the heir's legitimacy portie, ias long as it has not been canceled by the injured heir, so that its nature is no longer "null and void" but becomes "cancellable" and There are 2 (two) types of legal consequences related to a grant or testamentary grant that violate the absolute or legitime portie depending on the legitimate action. If the legiti- mate does not object, then the act of grant or testamentary grant that violates the absolute or legitime part of the portie is considered valid and enforceable if the legiti- mate demands his rights, then the provision in the grant or testamentary grant that violates the absolute part or legitime portie cannot be carried out and refers to Article 920 of the Civil Code, thus the deed remains valid as long as it is not contested by the heirs.